ed on facebook says people tend to remember things that are important to them or that they have experience with. i don't think you can label that as selective hearing. >> dawn says i've learned selective commenting. if i'm near the tvmputer i say e got to see this. thanks so much for responding. we appreciate it. "fox & friends" starts right now. bye. good morning. it's tuesday, december 3. i'm elisabeth hasselbeck. if you signed up for obamacare, your moment may not be real. what insurance companies are saying this morning that has the white house scrambling. >> 82 in a 30. new details show how fast that train was going before it derailed. but why was the driver going that fast? and was he paying attention? that's the big question. >> drones delivering your packages in 30 minutes or less? why lawmakers may be putting a stop to amazon's plan before it even gets off the ground.

"fox & friends" starts right now. >> it's "fox & friends." >> if at first you don't succeed, try, try, try until you get insurance. >> exactly. and then try again. >> because it might not work. >> good morning. peter james johnson in today for brian kilmeade. today is brian's anniversary and he's taking the day to spend it with his brian. >> brian's not secret six. his secret one today. >> happy anniversary, brian and wife. >> since you're joining us as brian, you get to start the show. >> there's new problems for the obamacare website. even if you get through the signup process, you may not actually be enrolled. peter doocy live in washington to explain the latest glitch. good morning, peter. tell us about this. >> reporter: pretty

simple. about one-third of everyone who made it through healthcare.gov and thinks they are enrolled in coverage starting next month might not be. that's according to "the washington post" which lists today a variety of errors in forms that are caused by computer bugs, and that's really bad at this point in the game because insurance companies might not even know where to send a bill. >> can you imagine? you think you've signed up. you go to get coverage because you need health care. you go there and you find out that in fact you haven't been signed up. that is a huge issue because what does someone do at that point? >> the white house says 50,000 consumers should be able to simultaneously shop at healthcare.gov, but yesterday only 30,000 and change were able to access the site before a new digital queuing system kicked in basically telling folks to come back later. and then there was this, a

screen of complete nonsense and question marks that popped up in the middle of the day after clicking apply now for coverage. the administration says they met their deadline for fixing the important parts of the site by the end of november. >> the president believes that the site has been significantly improved and that the teams in place have worked 24/7 for weeks now to make those improvements, including significant improvements that were made over the weekend. but the work is not done. >> we're going to hear from the president today during his speech at the white house. he's expected to talk about the benefits of the affordable care act that have already kicked in and about how important it is to help people without insurance sign up. back to you. >> peter, we thank you very much for the live report from our nation's capital. >> thank you. that's startling information. super glitches they're

calling them. not enough information, your security info is just all over the place. now we're at a point where that clock is still ticking. how will the president spin this? what's going to happen next? insurance companies say they're not getting the right information. you are thinking at this point that euro insured. if -- that you're insured if you're one of the seven people that have been able to get on. if you think you're insured, you just might not. this is new information as we head into the beginning of december. startling. >> it is startling. they have spent $1 billion on this website. i read this morning that apparently somebody from the centers for medicare and medicaid services said after you sign up on-line, because you might not be actually signed up because you might not actually have an account with the insurer, call the insurer on the phone and say this is steve doocy out here in new york. do you have a record of me? as we just heard from peter doocy, only a third -- rather two-thirds are

accurate and one-third are simply mirages. >> that seems to be good enough. they seem to be happy and smiling. >> it's kind of become oz where they say go cure yourself. you're on the website but go kao*ur -- cure yourself. take a number, we'll let you know whether you get the sticky bun or not. like a bakery. listen to this. >> what the administration says is we face the front of a tear-down. that's not going to do anything. the plumbing doesn't work. the back end is falling down. it might add to the curb appeal but it is not going to ultimately sell the house and nobody is going to want to live there. >> that is such a good analogy. yesterday ed carney was trying to get some answers from -- rather, ed henry -- suddenly i've put them together. >> they spend a lot of time

together. >> ed was trying to get jay carney, people are signing on and getting all these error messages. that's not an error message. that's a new invention we've come up with where if there is a logjam, you're going to be in a queue where you will be told later by e-mail when is a safe time, an off-peak time to come and sign up. here's the problem. if so many people are pushed to off peak, let's say 3:00 a.m., suddenly 3:00 a.m. is the peak time. >> this ultimately comes down to trust. are the american people at this point, this is a website they're not able to trust. their security information is not secure. they're not assured that they have insurance. they are not sure that this administration is doing right by them, especially because the leader of the administration first told them that they could keep the plan that they had if they liked it. now they're trying to rebrand. let me tell you, kevin balls with megyn kelly said the president did. did he lie? she asked him, isn't this a

lie to the american people? listen to his response. >> the president has acknowledged that that statement didn't clearly communicate what he wanted to communicate to the american people. >> was it a lie? that seems -- >> -- presenting an opportunity to enroll in stronger plans. i think that the president specifically addressed that and addressed that he misled people. and the administration is working every day to regain credibility. >> they're going to have to work a long time to regain. this is something that is disturbing. >> they're about to roll out a big p.r. campaign and tell the american people how wonderful this is, and are they going to address this today? but are they going to address this? listen to this now. what we hear today now is the federal government intends to subsidize insurance companies that canceled your millions of policies because of the president's promise that wasn't kept from the beginning. not only are they going to subsidize these companies at taxpayers' expense, they also say we may intend to share in the profits if

there are profits. now they're going to take a profit participation in the, in what occurred as a lie. what does governor christie say about what the president needs to do today? >> what the president should do is to, you know, belly up to the bar and just tell the truth. the american people are fairly forgiving lot. if you got it wrong, you got it wrong. but what they don't like is when they think you're dodging it. and i think that's what the president looks like right now, is that he's dodging it. >> because the whole thing was sold on a fairy tale. if you like your doctor, you can keep your doctor. not true. if you like your health plan, you can keep your health plan. not true. he's going to bend the cost curve down. not true. he's going to cut the deficit in half. not true. remember it was about two weeks ago, three weeks ago where the white house said we're going to have this technical -- we're going to have a tech surge to fix this website. you know what? according to "the new york times," you know how many people were in the tech

surge? >> how many? >> six. six people in the tech surge. it really was kind of a p.r. stunt. >> unfortunately it's on the backs. american people. they are 5% roughly, of the 7 million enrolled, they need to have 7 million enrolled to pay for this program, so why tell the truth when the lie will get them there? >> only 15%, they are still behind. >> we'll keep you posted on all that. in the meantime, good morning. heather nauert. >> peter, nice to see you. got news to bring you. we begin with a fox news alert. an update on that deadly train derailment in new york. investigators say that train was going 82 miles per hour in a 30 mile per hour zone, this happening early sunday morning. all seven cars jumped the tracks killing four people and injuring dozens of others. the engineer has told investigators that he tried to find the brakes but they did not work. the train's black box show the brakes were not fully

engaged. in the meantime mourners remember the victims in a vigil last night. take a look. >> she came home, all my brothers came into my room, and said she's gone. >> that victim, james lovell was an audio technician who was headed to rockefeller center to work on the christmas tree. you heard from one of his sons. also killed was a nurse who cared for young children on the overnight shift and was heading home. kisook ahn. james ferrari and donna smith also killed. in the meantime, newly released video shows the moment the porsche paul weaker was riding in smashed into a tree before the accident. they say speed was a factor in that crash. walker's friend who was also driving was killed. rather who was driving was killed. a memorial held at the crash site outside los

angeles and has nightwalker's costar sreupb diesel opened up by the love of his friend. >> i just want to say thank you. thank you for coming down here and showing that angel up in heaven how much you appreciate him. >> autopsies for walker and roadis are scheduled today. listen to how california lawmakers are starting the week, a 5.3% pay raise approved in june. it is the first one since the recession began. a lot of lawmakers are calling this raise ridiculous saying lawmakers do not deserve it. california has one of the highest tax rates in all the united states. how about that? it has been an annual christmas controversy in rhode island. for the past two years the so-called grinch governor, lincoln chafee outraging christians by referring to the tree at the statehouse

as a holiday tree. now chafee is doing an about-face, finally calling it a christmas tree. in a letter the democratic governor says the past practice of calling it a holiday tree just generated too much anger. what do you think about that switch? those are your headlines at this hour. >> thank you very much, heather. every time we do a story about lincoln chafee, people write in, steve, you look a lot like him. i should go to rhode island with a christmas tree. >> you belong in the statehouse. >> we rhode islanders would not mind you coming to -- >> i bet. thank you very much for joining us on this awfully busy tuesday. a dozen minutes now after the top of the hour. the numbers are shocking. nearly 22 million people over the age of 18 still living with their parents. our next guest says the president's policies now turning america into the land of adult children. >> that's right. then his disgusting remarks about sarah palin sparked

outrage everywhere except to his bosses. but now martin bashir missing from his newscast seat. ♪ ♪ ♪ the weather outside is frightful ♪ ♪ ♪ but the fire is so delightful ♪ [ male announcer ] nothing melts away the cold like a hot delicious bowl of chicken noodle soup from campbell's. ♪ let it snow, let it snow

with my united mileageplus explorer card. i've saved $75 in checked bag fees. [ delavane ] priority boarding is really important to us. you can just get on the plane and relax. [ julian ] havg a card that doesn't charge you foreign transaction fees saves me a ton of money. [ delavane ] we can go to any country and spend money the way we would in the u.s. when i spend money on this card, can see brazil in my future. [ anthony ] i use the explorer card to earn miles in order to go vis my family, which means lot to me. ♪

[ male announce] put a face through a season of tortus conditions? ok... shave a face with anything but proglide... what are we, animals? the gillette fusion proglide, precision equipment with less tug, espull for unrivaled comfort even on sensitive skin.

so you can go get it. gillette -- the best a man can get. ♪ 21.6 million young adults between the ages of 18 to 31, the so-called millenials are living with their parents. that's more than 30% of the entire millenial population in the united states. is the united states becoming the land of adult children? and are the president's policies to blame for that? let's ask katie pavlich, a

news editor of town hall.com and fox news contributor and has a great piece on this very subject. katie, good morning. >> good morning. >> has america become the land of man children in the land of obama? is that what we've become? >> we're definitely getting there. since 2009, the youth unemployment rate for young people 18 to say 35 has hovered around 16%. when you have that problem, you have more people living at home and more people depending on government programs. under barack obama, who we all know is a big government advocate, there is an interest in keeping young people dependent on their parents and dependent on big government because the last thing they want is for young people to go in the real world and realize how much things actually cost, how many taxes they're paying and what it takes to be independent. >> what is the interest, the specific interest they have in making sure that young people don't know what it's like in the real world, that are comforted and sheltered by the

government dole, by dollars, by checks, by benefits? why are they doing that? is the democratic party interested in increasing its registration? >> its registration. we all know young people typically vote for democrats until they get out in the real world and start pulling a paycheck. obamacare is a perfect example of why the land of adult children is happening. for example, you have president obama going out and saying k stay on their parents' health insurance until they're 26. last time i checked, we weren't exactly kids or children at the age of 26. many people are homeowners. world war ii was won by people ages 18 to 26. by the time you're 18 you can sign up to fight overseas. by 21 you can drink alcohol. yet all of a sudden we're children able to stay on our parents' health insurance. that is not a good thing. that means we're delaying adulthood and overall a whole generation is now saying i don't know how much things cost. they're not responsible for their actions.

>> there are so many young people who are the heart and soul of america doing incredible things in service to this country, in business, in industry, working every day, day in and day out. what is the net effect as we go out this morning of this interest by this administration in making children out of young men and young women? what is the net effect 20 years from now? >> as you mentioned, there are a lot of very young people in their 20's and early 30's doing great things so it's patronizing when you have democrats calling them kids and children. the impact is you have an entire generation that isn't going out and learning how to pay a credit card bill on time and learning finances. they are more ghent on government and -- they are more dependent on government and how much things actually cost. >> katie pavlich, town hall.com contributor.

thank you. coming up, pope francis the bouncer, revealing some of his odd jobs in unlikely places. >> policies making it more expensive for military families to survive. pete hegseth next. ♪ ♪ farmer: hello, i'm an idaho potato farmer. ♪ and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

the #1 selling pain reliever, in one cold medicine. advil congestion relief. it delivers a one-two punch at pain and sinus pressure with the power of advil and a nasal decongestant in a single pill. advil congestion relief. i need a newn'te pill. investment pn. i need to rethink the core of my portfolio. ishares core etfs are low-cost funds. so you can keep more of what you earn. get started with the new ishares core builder. design a personalized plan that can help you achieve your investment goals. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing.

risk includes possible loss of principal. more shopping. more dining out. more traveling. and along with it, more identity theft. every time you pull out your credit card, shop online, or hit the road, you give thieves a chance to ruin your holiday.

you can't be on the lookout 24/7. but lifelock can. protecting your identity, your bank accounts, even the equity in your home. when lifelock detects a threat to your identity within their network, they'll alert you by text, phone, or e-mail, protecting you before the damage can be done. act now and we'll protect you 60 days risk free. no one protects you better than lifelock. try lifelock protection 60 days risk free and get a special holiday gift -- a document shredder. a $29 value free. ♪ ♪ you're up. we've got some headlines for you. today a judge is expected to decide if the city of detroit's bankruptcy filing can go forward. the judge must determine if

officials did everything they could to avoid bankruptcy, including negotiating with creditors. detroit is of course the largest city in the history of the united states to file for bankruptcy. before he became pontiff, pope francis was a bouncer at a buenos aires nightclub. the pope revealing his past job while visiting with parishioners at a church in rome. he said he was a young student at the time trying to support himself. bouncer before pope. all right, elisabeth, over to you. >> thanks, steve. the pentagon is floating a controversial plan to close all u.s. base commissaries to cut costs. how will this hurt military families who rely on them for daily supplies. pete hegseth is with us now from washington. good morning, pete. thanks for being here with us. is this a great plan? it seems like a short-term fix for a very large budget issue; correct? >> it is a short-term fix.

if they were to close commissaries, military grocery stores for military members of their families and retirees, they would be a casualty of washington's unwillingness to constrain spending. they have already chopped the d.o.d. budget through sequestration. now d.o.d. is trying to figure out how to live within their means. we see proposals like getting rid of commissaries and it's really a reflection of if you can't make tough decisions about big-ticket items then it rolls downhill. we're talking about troops, pay and benefits. and something like commissaries, while expensive in some ways is not going to get to the budget fixes d.o.d. needs. it's going to hurt the little guy, the private or the military members serving overseas who doesn't have access to the kind of cheap groceries they would want. >> just from a layperson's perspective, you would say why is the target of this cut back going to be those in the families that actually give and serve to protect?

it doesn't make sense. i think shoppers can save more than 30% on their purchases at the commissary as opposed to shopping somewhere else. why hit them hard there? >> why the target? because that private in the field doesn't have a constituency in washington, a lobbyist there to protect their programs. but you do with big-text weapons systems, with contractors, with high-ranking officials. different things within the defense department are usually cordoned off in situations like this. it is easy to chop the number of troops, easy to chop benefits. the one upside here is the pentagon is finally talking about long-term cost savings. they haven't had to. we're in a new environment. $17 trillion in debt. we've got to be more smart about how we spend pentagon dollars. but looking to commissaries as a place to start is the wrong place to start. let's look at everything but let's look at auditing the pentagon, finding the fat within the budget. let's look at the way we acquire weapons systems. there's billions in overruns and decades in delays in weapons systems.

let's look at that before we look at military benefits and pay. >> i'm reading a third of the employees at these commissaries are military spouses. 30%. >> yes. >> that's another level of hits. >> these are community centers in many ways. the commissaries, the p.x.'s are the places where military families shop for a lot of different goods, where families work. if you're a private who doesn't have a car, you may not have access to go off base. if you're overseas in germany or south korea, the commissaries are places where you can get the food and items you couldn't get in markets outside the base. they in many ways become a community center and if you target them as a place to find cost savings you're getting at the baseline of the basic benefits that are given to service members who signed on the dotted line to defend this nation and when our nation was irresponsible and spent more than than we have you're not going to balance your book on the military families. let's find big ticket items to be smart to reform.

there are some efforts on the hill to do just that that groups need to get behind. >> we will keep our eyes peeled for that. pete hegseth, thanks for the passion and purpose there. coming up, his disgusting remarks about sarah palin sparked outrage everywhere except to his bosses, but now martin bashir is missing from his newscast chair. why? then drones delivering your packages in 30 minutes or less? why lawmakers may be putting a stop to amazon's plan before it gets off the ground. ♪ ♪ as a business owner, i'm constantly putting out fires. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my back around here. finally soone's recognizing me with unlimited rewards!

meetings start at 11, cindy. [ male announcer get the spark business card from capital one. choose 2% cash back or double miles on every purchase, every d. what's in your wallet? i need your timesheets, larry!

a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. us, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death.

this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. [ male announcer ] over time, you've come to realize... [ starter ] ready! [ starting gun goes off ] [ male announcer ] it's less of a race... yeah! [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan...

expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance ans insured by unitedhealthcare insurance company. go long. you know in some countries seeing an unmanned drone means your village is about to be destroyed. in america it means you ordered mad men on blue ray. >> the reason that is funny is on "60 minutes" on sunday night, jeff bezos, the guy who runs amazon.com revealed their next big thing is they would like to have drones be able to deliver small packages contained in those what looks like yellow tupperware up to five pounds, have them delivered to your house up to ten miles away. >> it was shocking to hear

86% of the inventory deliver by amazon is under 5 pounds. the senate isn't so sure this is a good idea for amazon to be doing it. they're going to hold a committee meeting to discuss what sort of impact this will have on american life. >> it could have a tremendous impact if it came downtown on -- if it came down on your head. >> he explained on "60 minutes" they're going to land these things by g.p.s. location. instead of giving a street address you would give your g.p.s. location. the drones would drop down and bring those lotions or hand products or whatever -- >> is that what you get from am zone. >> don't drone me, bro. maybe that is the end of the mailbox and you would have a drone box. i would love that if diapers and groceries come by drone.

some said maybe the government would want to control it eventually. it is something that could make a lot of money and they want to get their hands on it. >> i would like to know if the octo copter could take the diapers away. would you take it out of here, please. >> some people are putting their kids on the drones. >> absolutely. >> there are a number of websites that have come up with lists of why the octocopter is a bad idea. you've got to worry about the weather. everybody loves it until sally loses a finger. there are eight spinning blades there. you've got to worry about diversion. and plus what is this going to do to the u.f.o. sport sport -- u.f.o. spotter industry? there are a lot of people out there who swear, i just saw a flying object. >> i know santa is lobbying against this. the flying reindeer have a

problem with it. >> don't drone me. drone drama. >> what do you think? do you think this is a good idea to have private companies deliver things by drones to your front yard? my neighbor dog would definitely cart something off? what do you think? e-mail us right now, friends@foxnews.com. you can facebook us or go to our twitter site. meantime, let's go over to heather nauert. she's got some headlines. >> good morning. we've got an update on the benghazi terror attack. two more members of the c.i.a. who witnessed the attacks are set to testify on capitol hill later today. they'll detail the response the night on september 11. previous testimonies show that attack was premeditated and that personnel working at the c.i.a. annex nearby were already on high alert because of the 9/11 anniversary. four americans including ambassador chris stevens, were killed. we'll keep you posted. >> lady liberty is turning

heads for the wrong reasons. the postal service is being sued over an image that apappeared on a stamp in 2011. the stamp was supposed to feature an image of the real statue of liberty but instead it featured an image of lady liberty that was a replica on the las vegas strip. >> questions this morning about martin bashir's sudden absence from msnbc. a network spokesperson confirming that the host is on vacation. but other sources inside msnbc say he is temporarily suspended. this follows the outrage of bashir's vulgar remarks about sarah palin on air last month. he said, among other thing, that we cannot repeat right here, that she should be forced into slavery-like conditions. >> congressman charlie rangel at it again. he he is seeking reelection to a 23rd term in 2014.

he narrowly won in they have the. this time -- in 2012. this time he may face challenges from two local rev rends in the district. >> peter, you have been involved in new york politics for a long time. charlie rangel, when he was the head of the house ways and means committee, which writes taxes, he simply forgot to pay taxes for a couple of years? >> there is an ethics issue that was adjudicated that he tried to appeal. a lot of people thought he wasn't going to run again. to their surprise he is running again. calvin butts is a challenger, a prominent minister here in new york city. >> he forgot. the voters forgot. it is 23 minutes before the top of the hour. let's turn to maria molina who starts the weather day

inside the studio. >> that's right. good morning. good to see you peter on the curvy couch. we have cold temperatures to talk about and a big winter storm that is going to be impacting so many people out west. it's been producing snow out here. parts of wyoming have already picked up more than six inches of snow. the same goes for parts of north dakota and minnesota. the storm system has already been on the move out here. take a look at how much additional snowfall we're expecting. at least 18 more inches across western colorado, at least 6 more inches widespread across parts of the upper midwest. significant snow forecast out here. you also have to keep in mind that some freezing rain can mix in with some of that at times so icing is going to be a huge concern across portions of the upper midwest. winter storm warnings and watches already in effect out here across the rockies and into the northern plains. temperature-wise, behind the storm it is going to get very cold. i want to show you this animation here because for tuesday high temperatures in the teens across parts of northern rockies.

as we get into tomorrow you're talking single digits across parts of m & t phr*t. -- across parts of montana. look at friday, actual temperatures below zero. not below freezing. factor in the winds and those winds are going to be dangerously cold. >> we're still a couple of weeks away from winter. >> it does get dangerous for so many out there. >> we're talking not just uncomfortable cold. we're talking the need to stay inside action make sure your heat is working. >> you're instructing people to stay inside and watch cable? >> yes, watch fox news. >> thank you, maria. >> a seventh grader forbidden from posting fliers with bible verses at school but posters about dead rappers and drugs are okay? the student now fighting back but does she have a case? judge napolitano here next. >> chimps are people too? a new lawsuit says yes, and

you won't believe why. that story up next with judge napolitano. ♪ before using her new bank of america credit card, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than ht on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com

some quick headlines for you now. caught on camera, a jeep carrying four thieves crashes into a clothing store in dearborn, michigan. the four men get out and grab expensive jackets before taking off. they are still on the loose. an animal rights group filing an unusual legal action. trying to free a chimp that has been kept as a pet by a couple in new york. the lawsuit demands tommy the chimp be deemed a legal person so he can be moved to an animal sanctuary that is more like his natural habitat. now his natural habitat, steve doocy. >> is he a legal person? we'll have to talk with the

judge about that someday. a kansas seventh grader banned from handing out event fliers at school because her fliers contain some bible verses. meanwhile the school is fine with posters about dead rappers and drugs, but not a flier that includes a bible verse. now she's fighting back because religious speech protected by the constitution. here to weigh in judge andrew napolitano. she was handing out these fliers. she wanted fellow students -- and not a lot. she handed them out apparently quite sparingly. she wanted them to join her at the flagpole for a prayer before school. >> i do not think this case is a close call. i think the school is so obviously wrong and misguided here in its efforts to maintain order by suppressing the freedom of religion. first of all, students theoretically have the same constitutional rights as the rest of us. that includes the freedom

of speech and the free exercise of religion. this girl's not trying to have somebody celebrate mass in the hallway of the school. she's simply passing out literature saying if you'd like to talk about jesus or if you'd like to talk about the bible i'm happy to meet with you at another time and at another place. schools can restrain speech if the speech is disruptive. but when the speech is not disruptive and when it's especially protected in the constitution, like speech about religion or speech about nonreligion, they cannot interfere. >> here's the problem. the school has got a policy, and we got a statement from the school, quote, the distribution of any religious material is prohibited on school ground or in any attendance facility before, during or after the school day or school activity. so you say they've got that rule but that doesn't fly? >> that rule is unconstitutional unless they can show that the mere distribution of this lit literature -- literature

interferes with the mission of the school. schools have a lot of authority to control the behavior of students. they can control the behavior of students off of school grounds and after the end of the school day if that behavior could arguably affect something that subsequently could happen on school grounds and during the school day. >> that is in the interest of safety? >> and also in the interest of the fact that they have a mission. that mission is an educational product for which the taxpayers paid and students can't interfere with that mission. but where the school is not able to show interference the default position is the freedom of speech. the default position is the freedom of religion and this school board has not been able to show any interference with the delivery of the school's mission by this young woman passing out this literature. >> here's the problem with the school's statement. if they say you can't pass anything out because of a safety issue, why are they okay with posters glorifying dead rappers and drugs and alcohol?

>> that probably gets into the political aspect of this. again, i don't know the motivation -- >> if you're talking about safety, drugs and alcohol not necessarily safe. >> i don't know the motivation. i certainly don't know what's in the hearts of the people who wrote this regulation. but it's hard to believe that they would have a regulation that would permit you to distribute literature about dead rappers but not distribute literature about jesus christ. >> here's a statement from this seventh grader, by the way, now has an attorney fighting on her behalf. the attorney says students do not shed their constitutional rights at the schoolhouse gate. nondisruptive private student expression is protected by the first amendment. that person sounds just like you. >> that is a nearly -- i'm not going to take credit for it. i didn't write it. that is a nearly perfect description of student rights with respect to public schools today in the united states of america from and after the most recent time the supreme court looked at this which is about three years ago. >> so what should happen here? >> a judge should enjoin the enforcement of that rule or the school --

>> what does that mean? >> that means she will file a complaint before a judge. the lawyer will file a complaint and the judge will prevent the school board from enforcing the rule and she will be free to distribute the literature. or the best thing that is going to happen, the school board admit they made a mistake. >> maybe they could do it the day before christmas. >> too late. now is the time period when you want to be able to exercise that free exercise of religion. >> interesting stuff. judge, meanwhile, elisabeth was telling us about the story of the people who want to reclassify their chimp as a person. is that possible? >> no. it is possible the chimp could have certain rights but not as a person. >> that's good to know. thank you, judge andrew napolitano. 11 1/2 minutes before the top of the hour. straight ahead, women have been claiming it for years. their man simply is not listening to them. now the science says they're right. and is it a headache or a

tumor? a bad cough or cancer? how do you know when a doctor's visit is crucial? dr. samadi is here with information that could save you time, money and maybe your life. ♪ ♪ ooh, homemade soup! yeah... ♪ [ male announcer ] campbell's homestyle soup with farm grown veggies. just like yours. huh. [ male announcer ] and roasted white meat chicken. just like yours. [ male announcer ] you'll think it's homemade. i love this show. [ male announcer ] try campbell's homestyle soup.

a a

welcome back. nearly $750 billion is wasted on unnecessary medical services in the u.s. >> when it comes to common health problems, how do you know when to visit the doctor or not and when it's a waste of money or worth your time?

dr. david samati is here to tell us exactly that. good morning. >> good morning. >> so let's go through some of the symptoms. there are a lot of things people experience often. cough. you have a chronic cough. is that a big issue? >> chronic cough, the definition is actually having it over two to three weeks. 90% of these are really nothing important. post nasal drips. we want people to know that even reflux, if you have acid reflux can cause this irritation. cough is a great thing. it's defense mechanism that body has against all the irritants. you clear up all the phlegms, et cetera. if you have any phlegm, if you're a smoker, if you see any blood in the phlegm, that's a red flag for a doctor. that's when we start doing tests to see if there is anything else. for the most part, 90% of these are just a reaction to some of the irritants we have. you may need to sleep more, drink more and relax and it goes away. so nothing to panic. if you have fever or other symptoms, then we want to think

about sinussites. in other things, we call it differential. it's like narrowing down. don't panic. lung cancer is only 2% of the diagnosis. >> all of us get headaches and sometimes we get them more frequently than you want. how do we know when a headache is just a headache and it's going to go away or something more serious, perhaps like a brain tumor? >> this is a very good question 'cause so many people go to the emergency room and they're afraid of having a kind of tumor of the we want to know, is it something new? is it something that you just recently having it or had it in the past? is it getting worse? when during the day is it going to get worse? tension headache, which is 90% of these, are usually worse as the day goes by. you get more tired, you're tense. your muscles get tense and that's the kind of tension you have. brain tumor is usually a m the brain. there is no room. so when you move, if you cough, the headache is going to get much worse. it's the worst headache of your

life. and also if you lose weight, if there are any other symptoms, you don't hear well, the mass in the brain could be pressing on the optic nerve. >> something is going on? >> something else is going on. >> you got to see a doctor, primary care or neurologist. >> don't ignore it. and they just give you some medication. if it continues to have other symptoms, go see your doctor. that's when we would be a red flag. >> what about if you're really, really thirsty, some people think maybe i'm dehydrated or could be diabetes? >> that's a very good point. with diabetes, you're going to lose sugar and a lot of water follows the sugar also. that's when you would get thirsty. in general, that symptom continues every night. so 90% of this thirst is dehydration. like myself, i don't have enough time wen courage people it drink seven glasses of water. i encourage people to drink coffee. it's one of these diuretics that you can lose. you're right, you want to make sure that you don't have diabetes. for us, by getting your urine

test, we can find out so much about your health just with a simple union test. >> chronic cough, headache and thirsty, normal or nuts? >> that's the wrong doctor? >> if you live in new york, all of that is normal. >> thanks. >> all right. straight ahead, we've been telling you about the nfl blocking this ad. >> my family's safety is my highest priority. i am responsible for their protection. >> is this defense company's ad offensive? the guy behind the commercial will join us live coming up. >> and it's hard to believe, but this mom gave birth only three days before posting this picture. oh, my goodness! why is she sparking so much outrage? that story coming up. ♪ ♪ farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? ♪ ♪ i know they say you can't go home again ♪ ♪ ♪ i just had to come back one last time ♪ ♪ ♪ you leave home, you move on [ squeals ] ♪ andou do the best you can ♪ i got lostin this o♪ ♪ and forgot who i am

life with crohn's disease ois a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisinfo.com to get your complimentary q&a book, with information from experts on your condition.

good morning. it's tuesday, december 3. i'm elisabeth hasselbeck. fox news alert for you. 82 miles an hour and the speed limit was 30. that's how fast this commuter train was going when it derailed, leaving four people dead. is that a mechanical malfunction or is the driver to blame? think you're all set, signed up for obamacare? turns out your enrollment may not be real. another obamacare bombshell, but what is the white house doing about it? ladies, has this ever happened to you when you ask your husband for a favor? >> come on! really? what my baby wants, my baby gets. >> i wanted 12. baby wanted 12. >> this is like my home movie.

it's the age-old debate, do men only hear what they want to? selective hearing. there is some science behind it. we're going to explain it all. "fox & friends" hour two for this tuesday starts right now. >> even if the web site isn't working, as smoothly as it should be for everybody. >> it's time for "fox & friends." >> selective hearing. we're going to talk about that in a minute. we got to update you on -- yesterday was cyber monday. millions of americans went on-line and went shopping. many tried the affordable care act web site and you know what? we were told the day before it was up and running and would work for a vast majority of people. it turns out it is not fixed. rather than getting error messages, what are you winding up with? you're put in a queue that says we're kind of busy now. come back later. plus this is new. according to the "washington post" today, apparently one third of the people who have signed up so far -- so we're

talking about tens of thousands of people -- one third of them don't actually have policies with companies because there is a problem with the way it all works where the companies aren't getting their names or the names are wrong or they're not getting the payment. could affect many, many people. >> of course. it's arguably the busiest time of year. so you're making your list, checking it twice. you think you signed up for health insurance. you go to sign up for five more times because as you said, steve, you might not be signed up. the insurance companies might not have the right information to send you a bill when you think you signed up. so you're left sort of without any luck and senator ayotte said this is a huge problem. i agree. >> you go to sign am for health care and you find out that in fact you haven't been signed up. that is a huge issue because what does someone do at that point? how do they work their way through the bureaucracy to

verify they've been signed up? so i see this as much of an issue as the access issue on the health care, the fact that has not been fixed is a huge problem. >> this is for millions. >> unless you have made your first month's policy, peter johnson, you're not signed up. >> you're not signed up. unless you paid for something, you think an insurance company is going to give you something without paying for it? they're saying they're not getting the information. they're not getting the social security information. they're not getting these 834 forms that have become part of the american lexicon now, quickly enough. we're days or weeks away for people. the other issue is security, safety, privacy. is the web site safe? is your personal information up for grabs? and is the administration really concerned about it and what have they done to solve it? representative mike rogers says that the president and secretary sebelius are married to a time

line rather than put security first. let's watch him. >> i think they're married to this political timeline. i think they believe that their politics is hired in the success of the web site let alone the product once it gets work. i think that's a serious mistake. no business would do this. i think the president could get a lot of points here if he stopped, backed up and said, we're going to close this thing down until it's fully secure up to modern day industry standards. i think he could get some kudo points for this. instead, he's decided i'm mired to this thing and give god, we're going to do it no matter if people lose their personal information or not. that's wrong. >> okay. so in addition to the headline where a third of the people who have signed up, really signed up, that's a pretty big headline of the the other one is apparently the web site is not safe. congressman rogers is absolutely right. there is a big item on the drudge report right now that says that one of these white hat hackers, people who work for business to try to figure out the vulnerabilityies, he says

absolutely no security was ever built into that web site. so that means when you try to sign on, for instance, he details when you visit the web site, it actually tries to hack your computer back. it can ickes tract your e-mail, address, using names, passwords, all that stuff. the web site is not safe. absolutely have to be crazy to use it even though the government says it's safe. >> or was that done intentionally? >> why would they do it intentionally? >> why do they need that information? is there some reason they need that particular information? >> they definitely need it just to gain more control and the ability to then charge everyone. but to link all those units together is what those white hackers were saying is the issue. when you have these areas of government and alt areas with your social w your income, with your doctor's records, your medical information, the most precious info on you is

available across all these lines, the more lines that you have to cross, the more ability a hacker has to get in there and snag it. the fact that the government didn't put that in first really says a lot. the irony is this is supposed to be health care when really your life is not safe when you're putting all of your information out there. your well-being is at risk. >> we saw the web site is not fixed. our correspondent in washington tried and got pages of jibberish. meanwhile, a lot of people out there are -- just general people, friends come up to me when i'm raking leaves and stuff and -- because we talk a lot about the health care program on this program, they talk to me about that. but the president is getting an earful, too, from democrats. they're calling on him to actually start rolling some heads because it has been so problematic and people are looking and saying look, this is your suggest achievement, mr.

president. why hasn't anybody been held accountable? when you think about it, anybody held accountable for benghazi? no. the nsa? no. the irs? no. in this case, is it different? robert gibbs, spokesperson for the president for a long time says it is time to can some people. >> this has been a totally unnecessary embarrassment. it's been an embarrassment for activist government in many ways. it will be inexplicable if somebody involved in the creation of the web site doesn't get fired, or a group of people don't get fired. >> somebody involved in the creation of the web site? this is a game, too. this is a scam. no one is going to get fired. someone involved in the creation of the web site. so it's going to be some poor guy in the silicon valley who didn't know what he was doing. what happened to the people leading the bus tour.

but it's good politic. >> i saw a couple stories on this topic earlier today. some suggested dan pheiffer who right now is essentially the senior white house advisor. another guy, rob neighbors who said deputy chief of staff, they should be called on the carpet. but then again, what about valerie jarrett? >> the assistant to the assistant to the code writer. >> just to say they did. >> perhaps. >> the american people are smart. they know accountability means the most and they'll be looking for it. we're look over to heather nauert. >> hi. we begin with a fox news alert on that deadly train derailment in the new york area. the train's blacks box reveals that train was going 82 miles per hour in a 30 miles per hour zone around that very dangerous curve. this happening early sunday morning. all seven cars jumped the tracks, killing four people and injuring dozens of others. the engineer of that train, william rockefeller, said he

tried to apply the brakes, but the brakes didn't work. the black box also showing that the brakes were not fully engaged. investigators are now trying to determine if rockefeller is to blame or if there was a mechanical problem. we'll keep watching that story, of course. mourners remembering the victims in a vigil at the crash site last night. take a listen. >> she took amazing care of the children and if you were to ask any of the staff or any of the families of the children who live here, they would say she always, always smiled. >> that was a friend of the nurse who cared for young children on the overnight shift and she was coming home to the city that morning from her job. also killed in the crash, james ferrari, donna smith and james lovel. newly released surveillance video showing the moments that that porsche that paul walker was ride not guilty crashed, killing the actor. take a look at this. police have ruled out drag racing, but say that speed was a factor in that crash.

walker's friend who was driving was also killed. a memorial held at the crash site outside los angeles last evening. walker's fast and furious co-star vin diesel here. >> the love shown paul, i wanted to say thank you. thank you for coming down here and showing that angel up in heaven how much you appreciate him. >> autopsies for both walker and the driver are scheduled for today. it's a story that everybody has been talking about. we first brought it to you yesterday morning. a minnesota man making it snow by throwing handfuls of cash over the balcony at the mall of america in minnesota. he wanted to spread christmas cheer. he had had a rough year, so he wanted to help folks. but the cops there didn't see it that way. they arrested him for disorderly conduct. take a look at his interaction with police as he recorded it on his cell phone. >> interrupting a performance

taking place with hundreds much people around. so yes, i am on the fence of arrest. we're still looking into the matter. >> he threw money! imagine that. what a crime! he will share some of that mud video later today and also tell his side of the story. don't miss it. 8:20 this morning. it is sure to be a fun and interesting interview. listen to this. selective hearing in men and women does actually exist, according to researchers. they made up a list of words thought to be morell haven't to men, like beer and football and words morell haven't to women, that included chocolate and shopping. the list was read to both sexes on average men correctly recalled more typically male than female and women recalled typically more female words. no surprise there. those are your headlines. what words would you remember? >> did you mention beer? >> i think a lot of men remember

shopping. they say shopping? >> what's that going to cost me? >> shopping? >> fun one. >> selective hearing is one of the best tools we've got in our tool box. >> what did you say? what? >> coming up, it's a story we've been telling you about. the nfl blocking this ad. >> my family's safety is my highest priority. i am responsible for their protection. >> i ask you, do you find it offensive? the man credited with this commercial here live to respond. and is he sleeping or did he have too much to drink? the squirrel that is taking the internet by storm. ♪ ♪ keeping up with these two is more than a full time job

and i don't have time for unreliable companies. angie's list definitely saves me time and money. for over 18 years we've helped people take care of the things that matter most. join today. [ ding ] i sense you've overpacked, your stomach. try pepto to-go. it's pepto-bismol that fits in your pocket. relief can be yours, but your peanuts... are mine. ♪ with my united mileageplus explorer card. i've saved $75 in checked bag fees. [ delavane ] priority boarding is really important to us. you can just get on the plane and relax. [ julian ] havg a card that doesn't charge you foreign transaction fees

saves me a ton of money. [ delavane ] we can go to any country and spend money the way we would in the u.s. when i spend money on this card, can see brazil in my future. [ anthony ] i use the explorer card to earn miles in order to go vis my family, which means lot to me. ♪ with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothing works faster. new fast acting advil. look for it in the white box.

[ male announcer ] they are a glowing example of what it means to the best. and at this special time of year, they shine even brighter. come to the winter event and get the merces-benz you've always wished for, now for an exceptional price. [ santa ] ho, ho, ho, ho! [ male announcer ] lease e 2014 e350 for $579 a month at your local mercedes-benz dealer. h sleigh bells♪ouncer ] lease e 2014 e350 for $579 a month bass pro shops has great holiday gift ideas at big savings. and check out basspro.com all week for amazing daily web buster deals. plus free shipping with no minimum order. that's right, free.

your response to this story has been overwhelming. a commercial banned from this year's super bowl because the nfl policy on guns. >> my family's safety is my highest priority. and no one has the right to tell me how to defend it. so i've chosen the most effective tool for the job. >> daniel defense. defending your nation, defending your home. >> joining me now, the man behind that ad, marty daniel. he's a ceo of daniel defense. good morning. >> good morning. >> so you created this ad. you thought you created around the nfl's regulation, but found out otherwise.

correct? >> that's correct. we actually went to the rule box and pulled out their set of rules and said hey, we want to create an ad that we think the nfl fans would resonate with and inside of their rule set and we scripted this ad. we wrote it and produced it and sent it in for approval and got a big no. >> you got a big no. the nfl guidelines -- we have it for everyone to look at. firearms, ammunition, other weapons are prohibited. however, stores that sell firearms and ammunition will be permitted, provided they sell other products. the ads do not mention firearms, ammunition or other weapons. you thought your store sells other products. correct? >> that's correct. we sell pocket knives and shirts and t-shirts and hats and jackets and lot of outdoor gear, as well as firearms. we felt like we were inside of

the rule book and we did not mention guns or ammo in the ad as the rules ask. >> so at the ends of the ad, you see the image of i guess a rifle. is that correct? that's what god them. 'cause the ad doesn't show gun. a dad looking to protect his family. you offered to remove that image or not? >> we did. when we got a no, we went back to the fox affiliate and asked them if we could maybe the silhouette had something to do with it. we typically use that in our marketing as part of our will he he -- logo. if they felt that needed to be changed, we offered to put in an american flag or shall not be infringed. >> the nfl was still not happy with that or have you heard from the nfl? >> we heard back through our fox affiliate that, the commercial was a no go even with the change. if you're an nfl or super bowl fan and you want to see our ad on the super bowl, then call the nfl and tell them, come on, man!

run my ad! >> the nfl is holding tight to their standards, it seems here. it's understandable, right, to some why that image would not be acceptable. certainly the nfl feels this way. frankly, isn't it better to have your ad talked about leading up to the super bowl? remember the tim tebow ad that got all the hype. it was almost better for their marketing. how do you feel about that? >> well, we're getting a lot of publicity about not being able to use this commercial during the super bowl. but our goal is to use the commercial to run it during the super bowl. we spent probably close to $100,000 to produce this commercial, to run it for the super bowl, to fit inside of their guidelines. i'm a football fan. i'm an nfl fan. i love football. i want to see our super bowl ad. so if you're an nfl fan, call the nfl and tell them, come on,

man! run my ad! >> let me ask you this, because you want them to call the nfl and say come on man, run this ad. why? what's the message you want people to come away with from this ad, because i know it means something to you. >> elisabeth, we believe that the average -- the majority of the super bowl fans have the same values that we have at daniel defense. that is we believe in forgetting our family -- protecting our families. we believe in our second amendment, which is the right to protect ourselves. we believe in the first amendment, which is really the issue here. we're trying to exercise our first amendment rights to give our opinion on the second amendment and not being allowed to do so. so if you love the first amendment, you love the second amendment and you want to protect your phone, then call the nfl and say come on, man!

>> we'll see how many people call in and say come on, man. >> all right. thank you. >> you fell in love with her as the original bachelorette, but she's going to talk about it and her relationship next. bod look at those guys staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain and improve daily physical function so moving is easier. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions,

or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and ask your doctor about celebrex. for a body in motion. that's the sound of car insunce companies these days. here a cheap, there a cheap. everywhere a cheap... you get it. so what if instead ofjust a cheachoice, you could make a smart choice? like esurance for example they were born online and built to save people money

from the beginning. that's what they've always ne. not just somhing they...cheep about. that's insurance for the modern world. esurance. now backed by allstate. click or call.

time for news by the numbers. first, 160 billion bucks. that's the size of illinois' pension crisis. the house and senate will vote today on a package designed to rescue the state from financial disaster and votes on the issue are thought to be extraordinarily close. stand by for that. 5.3%. that's how much of a pay raise california state lawmakers are going to get today. california is $157 billion in debt and has some of the highest taxes in the nation. but they're getting a raise.

great. and lastly, 54,100. that's how much one mystery person known only by the instagram name, tips for jesus, has left in tips around the country since september. that's nice. >> sure is. fairy tale ending that audiences across america were hoping for. >> trista, will you marry me? >> that was my favorite final d. now the original bachelorette is sharing that story and more in her new book "happily ever haver" and she joins us now. good morning. i got to see you so many times throughout the years. but it is really exciting that you have this book because you talk a lot about ryan and marriage and kids and thankfulness and these guys know all about that stuff.

do you have any advice for couples out there? >> honestly, it's about gratitude. so i share my stories and those of my friends and family, even strangers, people i've read about on the internet. people i borrowed blogs from, like jenny mccarthy and a lot of research about how gratitude can too youly make your life happier. >> your marriage happier, too. >> yeah. being a parent. there is lots of tips in there. i share what i call happily ever actions at the end of each chapter to really allow people to be able to implement the stories that i've shared throughout. >> i love your suggestion, have an appreciation jar. at the johnson place, they've got a cuss jar. there is another quarter! >> it's kind of like an appreciation jar. >> absolutely. >> you write little notes to each other or maybe a teacher, you have the students in the

class, have all the kids write to the teacher and give it to them as like an ends of the year gift or something, or even write notes throughout the year and show your appreciation for your loved ones at christmas time or for the holidays. yeah. i'm really excited about that. a lot of stuff i'm doing with this line i created with gloria house. but honestly, it's all revolved around the book. i wanted to write a children's book and ended up with an adult book and i wanted to write something authentic. you know how hard writing is, especially when you have little ones running around. >> and you have to wait 'til they're asleep. >> right. i wanted to write about something i could authentically speak to. >> something like that, that's become your journal. >> yeah, definitely. i think that's really important. that's kind of how this all started. i was in my 20s and i heard oprah talking about how you should be grateful. it will make your life happier and that's kind of how this all

started. i started writing five things i was grateful for every day and now i continue to do that as kind of my on-line journal, on twitter. >> gratitude and acknowledgment is so important in a marriage and we're blessed to have that in our house. you also say make the most of me time. what does that mean? >> i think that every chapter in the book is broken down into different relationships. so focusing on the gratitude you have for yourself, for your partner, for your kids if you're a parent, friends, co-worker. >> that's hard for a mom. >> and me time. the chapter is about focusing on yourself. i think that's really important to focus on yourself because only until you give to yourself are you going to be able to give to your family and your husband, your kids, anyone really, to your job. so i think if you give yourself that time, then you'll be able to give back to everybody else. >> the brand-new book, only out a week, called happily ever after. we should point out, we showed the video of you and ryan on the

original bachelorette, that was ten years ago. >> ten years ago. our anniversary is this friday. >> and they said it would never work. >> how are you celebrating? >> we are actually renewing our vows on abc. >> wonderful. >> congratulations. >> they're celebrating with a tv special. >> it's an awesome celebration for you. >> thank you. >> congratulations on the book. >> thank you. this cancer patient publicly criticized obamacare when he lost his insurance. guess what? now he's being targeted by the irs. is that a coincidence? we're going to report and you will decide. then it's hard to believe, but this mother gave birth three days before posting that picture. >> is that possible? that's not possible. the mom is here. >> you calling me a liar? no, she's speaking out. she's sparking outrage!

vo: it's that time of year again. medicare open enrollment. time to compare plans and costs. you don't have to see if u can find bettoverage, save money, or both. and check out the preventive benefits you get after the health care la open enrollment ends december 7th. so now's the time. visit medicare.gov or call 1-800-medicare

at any minute... ...you could be a victim of fraud. most people don't even know it. fraud could mean lower credit scores, higher loan rates... ...and maybe not getting the car you want. it's a problem waiting to hapn. check your credit score, check your credit repo,

at experian.com america's numb one provider of online credit rorts and scores. don't take chances. go to experian.com. ♪ ♪ time for your shot of the morning. actor christopher walken in the back seat there making a couple of fans' day by accepting their

offer for a ride. they spotted him struggling to hail a cab in new york city, so they gave him a list downtown. >> how much fun would that be? he's a great actor. he's probably got a great sense of humor. >> what a fun ride that had to be. >> never smiling. >> no. >> he's not a big smiler. >> he's just an actors. a serious actor. >> he's a method smiler. >> we're wounder -- wondering whether or not this picture will have you smiling or cringing. she had a baby three days earlier. >> she put this on her fitness block on instagram and this is her tummy apparently -- i can't even get over this -- three days after having a baby? i don't even stand up for like a month really. that's a long time. but people on-line are going crazy. from real support to just complete hatred.

>> when we had our youngest, i was knocked out for weeks. i just felt tired. >> peter, she's in kindergarten. get up. that's crazy. apparently on her instagram she said i feel so empty because she didn't have the -- >> do we believe this? do you believe this -- is this doctored? is this real? did she really have the baby three months before? is this on the level? >> she's a fitness expert. >> if it is on the level, sheshd we be angry at her? >> but she is, in her defense, she's a fitness expert. she is i think 26 years old, which has something to do with that because after that, it does not go back to anything like that. >> there she is. three days after she had the baby. she looks fantastic. kate middleton, we've got an image of her three months after she had the baby. that's an odd picture. >> it's a little personal these.

>> i have a picture of myself. >> what is this, the belly network? >> you googled that image. you provided that for us. >> you're out of control today. you really are. >> i don't even know if you can do abs right after. >> 12-hour labor and she was doing crunches all the time. she looks fantastic. >> i think after you heal up. >> she looks terrific. she looks good. >> she's bedazzling. >> what do you think? >> did she crunch the baby out? we don't know. heather? i know you're smiling 'cause you think that's possible. >> i can't imagine that even heidi klum could pull that off. that's pretty difficult looking like that. >> it would take so many hours to get to that point. >> it's so hard to even walk, sort of doubled over right after you have the baby. >> what are you commenting about? this is a woman's issue. >> i'm just going to give a fact! she apparently gained 22 pounds during the pregnancy and was

able to -- >> that was just an excuse to put that picture back on. >> does that outfit match that she's wearing? >> peter needs to take a closer look. >> let's check. >> a mismatch. >> we're going to zoom in. >> it matches just fine. >> e-mail us to comment on that picture. can we put that picture up one more time? i'm kidding. >> wide awake this morning. we do have serious news to bring you. remember the cancer patient who came on fox to talk about how his insurance was canceled under obamacare? well, he now finds out that he's getting audited by the irs. he said he got the letter last week after his november 7th interview with megyn kelly. he says he couldn't afford the new insurance, so he was just going to let nature take its course. but the good news here is that his cancer is in full remission. his story went national after his insurance company decided not to cancel his coverage.

the cost of college climbing, but one university spending $40,000 on four solar umbrellas. the student government at the university of colorado in colorado springs says it plans to use student fee money to purchase the solar umbrellas. they apparently allow students to charge their phones and laptops outside using the sun's power, but there is one little problem. colorado's tough winter weather means the umbrellas will only be useful for part of the year. what do you think about that? seattle seahawks stadium is once again the record holder for stadium noise. guiness was on hand when the noise level reached 138-decibels. what's even more amazing, the fans were so pumped up, they caused an actual earthquake. in the first quarter, michael bennett returned a fumble for a touchdown. a 1.2 earthquake reject sistered at a nearby reporting station. a total of five seismic events occurred during that game.

and he's been dubbed the tippy the fainting squirrel for obvious reasons. he can't seem to stay upright for more than a few seconds. but a couple of fainting spells won't keep him from -- he gets up after each one as if nothing happened. his fainting spells have gone viral with nearly 200,000 views on youtube. those are your headlines. 138 decibels is what it registered, that's a jet, is 140 decibels. >> that's loud. >> they mean business when they say the 12th man there. >> right. >> by the way, i was just looking on-line and with our e-mail, a number of people think that image of the woman is a fake. >> see that? i was asking that question. >> they think that is a fake. >> check it one more time to be sure. >> lot of moms are check not guilty on that. maria molina is real. >> the realist.

what's happening? >> good morning. hello, everybody. good morning here on this tuesday. we have very chilly temperatures out across parts of the northeast. not too bad. over thanksgiving weekend, we had to deal with temperatures closer to normal levels. i want to take you out west. we have a storm system out here and across the rockies. this storm is producing significant snowfall. we're looking at up to 18 inches of snow possible across portions of western colorado and more than six inches in parts of the upper midwest. again, significant snowfall out here. some icing will even be possible with this storm. a number of winter storm warnings and watches are currently in effect out here, anywhere from the rockies up into the northern plains. temperatures behind the storm will get very cold. today and by tomorrow, you're talking high temperatures, only in the single digits and it continues to get colder and colder as the storm heads east. by friday actual high temperatures are going to be below 0. 8 below 0 will be the actual

high temperature. we're not even talking wind chill. we're not talking low temperatures out there. so again, it's going to be bitterly cold out here across portions of northern plains and rockies. otherwise ahead of the storm, look at atlanta on friday, 72. 76 in new orleans. and 81 in corpus christi. so looking very mild ahead of it. let's head back inside. >> maria molina outside where the 7:41 bus has just pulled up behind her. thank you very much. thanks. drones delivering your packages in 30 minutes or less. better than dominoes. why lawmakers may ground amazon's plan before it even takes off. a young girl banned from selling missiletoe to raise money for her braces. wait until you hear what she was told to do instead. ♪ ♪

i need you. i feel so alone. but you're not alone. i knew you'd come. like i could stay away. you know i can't do this without you. you'll never have to. you're always there for me. shh! i'll get you a rental car. i could also use an umbrella.

fall in love with progressive's claims service. welcome back. quick headlines for you now. a little girl's mission to sell mistletoe is shut down by the city of portland. 11-year-old madison wanted to sell mistletoe at the market to raise money for her braces for her teeth. the city said no because she didn't have a vending license. instead they said she should beg for money if she wants it. madison has launched a web site and raised $1,000. she needs about 4800. good for her. and after nearly 65 years together, a north carolina couple dies hours apart. without even knowing the other had passed. eleanor and frank turner were both in care facilities. eleanor was sent to a hospice where she died and nine hours later, frank passed away. what a story.

>> sad. >> it is sad. a quarter before the top of the hour, sunday night on "60 minutes," the guy who runs amazon revealed that amazon would like to start using these h propellerred drones called octocoptrs to deliver small yellow cartons like that to your house. they would have a range of about ten miles and now it turns out the u.s. senate will have hearings to find out whether or not this is a smart idea. >> it has people completely either up in arms or in favor of it. those who like our diapers delivered, we like that idea. under five pounds, it could get to your door. we have an e-mail from scott in texas who said, i don't think it's going to be a practical way to transport packages. it can't be cheap and the liability is pretty high. >> that's true. >> and then mike in florida writes in, this will never work down south. too many hunters. need to run this by foxworthy or

larry the cable guy. why not? >> get er done. wiggins writes, scary because the government will take the technology and somehow use it against the people. you know what? the government's already got drones. maybe that's why they would not want amazon to have their own fleet. >> that's right. and joe miller says, obviously the faster, the better. how they choose to get it here, i could care less about. l.o.l. >> linda craig on twitter, i think it would be costly to the consumer and a way for the government to track what you buy. that's interesting. the faa would probably be tracking every drone up in the sky and would they have to know the contents of the content before they allowed it to take off and land. >> that's interesting and a good point. a flight manifest. >> what's on board, and drone drama between neighbors. what if droning is taking up way too much air space. >> there is a lot of droning with the neighbors. we have it now. >> if we want to keep up with

the neighbors drone wise. wow, they've had five deliveries from amazon this week and we haven't had any. >> drone energy. >> keep it up with the drones. by the way, regarding the lady with the flat belly, joanne just -- >> what do you mean regarding the lady with the flat belly? were we talking about that? >> that's an image of her three days after she supposedly had a baby. you asked whether or not it was real. joanne e-mailed us, i totally agree that the flat picture is real. i gained 15 pounds, thank you, weight watchers, and came home that day and put on my pre-baby jeans. so joanne says it can happen. >> i think it's real. she was not taunting people like the other person who was allegedly taunting people that she had the caption what's your excuse much there was no what's your excuse caption on this. she was saying look at me. >> she did it to prove some people wrong who said she couldn't have the bounce back. >> god bless her. i think it's great. if she did it, it's wonderful. >> enjoy it now because after

the age of 26, i'm just being honest. >> wait 'til 50. >> when i get to 26, i'll let you know. >> 12 minutes before the top of the hour. straight ahead. >> the no healthy school lunches leaving kids across the country hungry? coming up, we'll hear from the congresswoman who is fighting to stop all this food and taxpayer dollars from going to waste. >> plus, looking to make more cash for the holidays? cheryl casone has the five companies hiring seasonal help right now. good morning, cheryl. ♪ ♪ ♪

[ male announc ] your eyes. even at a distance of 10 mis... the length 146 football fields... they can see the light of a single candle. your eyes are amazing. look after them with centrum silver. multivitamins with lutein and vitamins a, c, and e to support healthy eyes and packed with key nutrients to support your heart and brain, too. centrum silver. for the most amazing parts of you. [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat? campbell's healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ m'm... ] great taste. [ tapping ] sounds good. campbell's healthy request. m'm! m'm! good.®

'tis the season for seasonal hiring and just because black friday has passed doesn't mean there aren't great jobs still available. in fact, cheryl casone from "fox business" network still has five companies hiring seasonal employees. let's start with somebody who is going to take a big nap on december 26th, the fed-ex guy. >> i think they're still going to be working on december 26 because there will be orders so late. fed-ex, talk about having a record year, they're about to have one and they need people now to help them out. they need people to work in the distribution centers, drivers for sure. they're looking at about probably -- they're saying tens of thousands, at least going to be 20,000 jobs for the entire season. thanksgiving, the night before thanksgiving, one of their busiest days. they're biz yeast day will be december 10, next monday. we call it in business green monday because all of the shipping companies make a lot of green. that's what fed-ex is going to have next monday. but they still need help. >> she should call it brown

monday 'cause you're see the ups guy. >> that would be the competition. >> i'm sure they're work, too. this is the one time of year a lot of guys go to a jewelry store and that's why sterling jewelers is looking for a few good people. >> yeah. this is also -- as a matter of fact, valentine's day. one of the big -- had is the big season, now through valentine's day. this is a seasonal job that can go through at least march. they own kay jewelers, jarrett, 500 jobs open of the they need salespeople, people to manage the stores. you don't need experience. but will train you how to read a diamond, sell a diamond, all that. they will train you to do that. >> it's interesting, while you're describing this, i'm realizing my wife would like those earrings. we'll talk later. >> okay. >> meanwhile, toys r us, this is their big season, too. >> if you like kids, like a lot of kids at once in a confined space, this is the job for you!

45,000 seasonal employees that they need right now. they need people to work in sales and distribution. i love kids. just in small groups. managers, sales, inventory, things like that. these can become full time. toys r us, i've had the ceo on my show, he's a good leader of the company. >> lightning round, through super bowl sunday, domino's pizza. >> domino's pizza. they're going to be very busy as well. again, they've got a popular thanksgiving eve. they're very busy and busy for the super bowl. the same kind of situation with domino's. 90% of the franchisees that own the stores used to drive the trucks used to make the pizzas. they like to promote from within and i like that about them. >> finally, it's been an american company for decades. didn't do so well last year. now j.c. penney is back. >> last year we didn't get seasonal hiring numbers from them because they didn't want to do any promotions. they got rid of sales and discounts. that was a huge mistake for the company.

now the promotions are back. the discounts are back at j.c. penney. they are looking to hire thousands across the country. 35,000 holiday workers. so j.c. penney is back. back with the discounts filling up the stores. they really need this holiday season to actually be a homerun for them. >> ho, ho, ho, hold everything. she's got a bunch of jobs. if people want more information? >> everything is at casoneexchange.com. that's where all the links are to submit your application on-line. at this point, i know they're still hiring, go in. just walk into the stores and just give an application right away. you could have a job literally tomorrow because they're still picking up people right now. >> thank you very much, cheryl. >> you bet. >> all right. straight ahead, he was only trying to spread holiday cheer by throwing hundreds of dollars off a balcony, $1,000 off a balcony. but the police did not agree and arrested him. that guy who made it snow is going to join us live. lady liberty turning heads

for all the wrong reasons. the screwup that could cost the postal service big money. oh, great. we'll be right back. ♪ ♪

good morning. it's tuesday, december 3. i'm elisabeth hasselbeck. a fox news alert for you. nearly three times the speed limit, that's how fast the train was going before it derailed, killing four people. but why was the driver going so fast? was he paying attention? meanwhile, if you signed up for obamacare, your enrollment may not be real. what insurance companies are saying this morning that has the white house scrambling at 1600 pennsylvania avenue. and a mother causing a global outrage for posting this photo three days after giving birth. we told you about it last hour and your comments are pouring in, steve doocy. "fox & friends" starts right now on the belly edition.

>> the belly edition? >> yes. interesting. >> chris chulo can't stomach your humor. >> that's interesting, though. people weighing in on that, whether, in fact, that is a real picture or not. incredible if it is. god bless that mom. >> wait 'til you hear the story. we should point out that brian has the day off and elisabeth, we're joined the last two hours one more to go with peter johnson, jr. >> thank you so much. >> it has been a pleasure. and happy anniversary to brian and dawn. >> happy anniversary. >> 45 years. congratulations. >> well, here is something that we're not congratulating obamacare web site. even if you got through the sign-up process, you might not actually be enrolled. i know. you say how is that possible? peter doocy is live in washington to explain this latest glitch. hey, peter. >> reporter: we've known for a little while now that computer

problems are blamed for the lower than expected enrollment numbers. but now we're hearing that a third of people who think they successfully signed up for coverage at healthcare.gov may be mistaken. that's according to a report in the "washington post." that's not good because insurance companies might not even know where to send a bill. >> can you imagine, you think you've signed up. you go to get coverage 'cause you need health care. you go there and you find out that, in fact, you haven't been signed up. that is a huge issue because what does someone do at that point? >> reporter: over the weekend, the administration announced the new and improved healthcare.gov can handle 50,000 consumers at once. but yesterday only 30,000 made it in before the system put everyone else in their new digital waiting room, basically tell ming them to come back later. then there was this, a screen of characters that popped up after just clicking apply now for

coverage. still the white house says they met their deadline for improving the web site by the end of november. >> believes that the site has been significantly improved and that the teams in place have worked 24/7 for weeks now to make those improvements, including significant improvements that were made over the weekend. but the work is not done. >> reporter: we're going to hear from the president himself today at a white house event. he's going to talk about all the ways the affordable care act is already helping people and why he thinks it's important for people without insurance to get covered. that event is scheduled to start at 2:30. back to you. >> all right. peter, i've got a question for you. you just showed that shot of jibberish that you personally got when you were trying to sign on yesterday. you wound up in one of the queue s. apparently the way this queue system works is it e-mails you

when it's safe to go on. when did you get the message and when did you get e-mailed it's safe to go on? >> reporter: the first time that i entered my e-mail address -- basically there is a i thing that says you can skip the wait. they'll send awe note when it's safe to come back. i sent it at 11:40 yesterday morning and i got a response back it was safe to return to healthcare.gov at 5:00 o'clock on the dot. >> all right. thank you very much. which is very convenient because the average eastern, if they're work at work on that, i can't do it right now 'cause i got to go home. >> right. got to commute. >> that's right. peter, thank you. all right. so we heard now apparently they don't have so many error messages, but instead, they're putting you in queues. plus there is news today that apparently one third of the people who think they are signed up are not actually signed up, peter johnson, jr. >> how is the president going to spin this, elisabeth and steve, is your obamacare enrollment

even real? insurance companies say they're not receiving the proper documents that they need to receive from the web site. these so-called 834 forms that contain all the critical information and there is just weeks to go. so people come january 1 when they show up to see their doctor or unfortunately the emergency room, are they going to be saying, listen, you're kind of out of luck. you're really not signed up. steven hayes says this is a fake fix. watch him. >> what the administration has basically done is repaint the front of a teardown. that's not going to do anything. the plumbing doesn't work. the back end is falling down. it might add to the curb appeal, but it's not going to ultimately sell the house and nobody is going to want to live there. >> repaint a teardown. >> sure. you can paint over the mold, but the mold is still there. during the busiest time of year, people are making their lists, and now they're realizing, wait a minute, i thought i checked that off. but no. your insurance company doesn't know you're there. this is terrible news.

to have to go back five or six times or wait for a note five or six hours later seems to be inappropriate. the president is set to speak today. >> at 2:30 at the white house. >> will he admit that he did indeed mislead the american people? will he do that? did he lie? do you feel as though he did? megyn kelly had that discussion. listen to this. >> the president has acknowledged that that statement didn't clearly communicate what he wanted to communicate to the american people. >> twas a lie? >> now he'll have the opportunity to enroll in stronger plans. i think that the president specifically addressed that and addressed that he misled people. the administration is working every day to regain credibility. >> this is an accountability thing, right? >> absolutely. >> when you lie, it's intentional. misleading is not. >> and the lie has financial consequences for the american taxpayers. elisabeth was talking about this and she really knows these facts in terms of the subsidies. there is a tremendous amount of

subsidies that the insurance companies will be getting. now as a result of trying to make up what he had done the first time, these insurance companies are going to be receiving even more subsidies from the federal government because of the broken promise. they're saying oh, no, we have sicker people now in our system. we anticipated more healthy people being thrown out of their programs. now we have to take care of them. so federal government, we need money from you. so it's going to cost more n it seems like everyone is making out except the average american who is losing out on insurance by the millions. >> and we're in this pickle with this affordable care act thing which is not so affordable to many. in fact, i saw last night on "special report" they were talking about how the president promised that your health care costs would go downyet, according to the report on "special report," only 10% of people, their premiums have gone down so far. but a third, at least a third, have gone up. that's not what the president sold us. and would we have an affordable

care act today if the president had not simply flat out not told the truth? chris christie says, mr. president, time to fess up. >> what the president should do is to belly up to the bar and just tell the truth. the american people are fairly forgiving lot. if he got it wrong, he got it wrong of the but what they don't like is when they think you're dodging it and i think that's what the president looks like right now is that he's dodging it. >> kind of does look like that. just one other headline that we should tell you. in addition to the fact that a third of the people who think they've signed up are not really signed up is the big story this morning on the internet says that no security was ever built into the affordable care act site. so if you go on today, these so-called white hat hackers say your personal information could be in peril. good luck. >> understandable why so many are feeling not assured when it comes to the insurance web site.

>> well put. >> we're going to keep you posted on that. heather nauert has updates for us on headlines. >> if we only had clayton morris to put that together, there would be no problem. >> we would be up and running weeks ago. >> he would be making a whole lot of money. got some headlines. we begin with a fox news alert. that train that derailed in new york on sunday was doing 82 miles per hour in a 30 miles per hour zone. stunning information from the train's black box which is putting the engineer at the controls under the microscope this morning. all seven cars of the metro north train jumped the track. it killed four people and injured dozens of others. the engineer, william rockefeller, telling investigators he tried to find the brakes as he approached the curb, but they didn't work. the ntsb is trying to determine if he did something wrong or if there was a mechanical failure. >> six seconds to coming to a stop, the throttle had been set

a some power setting. so it was only six seconds before everything came to a stop that the throttle went to idle. >> four people killed in that crash were james lovell, james ferrari and donna smith and another woman. new surveillance video showing the moment that the moment the par issue that paul walk -- porsche that paul walker was ride not guilty crashed. speed was a factor in the crash. roger rodas, behind the wheel, was also killed. a memorial was held at the crash site outside los angeles last night. walker's "fast and furious" co-star, republican diesel, opening up about the loss of his friends. >> show the love that you've shown paul, it will stay with me forever. i want to say thank you. thank you for coming down here and showing that angel up in heaven how much you appreciate him. >> autopsies for walker and rodas are excepted for later today. -- expected for later today.

one of the busiest travel days of the year, the sunday after thanksgiving, delta airlines cancels a flight as a favor to a college basketball team. a charter plane for the university of florida basketball team was grounded, but the team needed to get to connecticut for a key game. so delta canceled a fully booked flight with regular people on board and then they let the team use that plane. a delta spokesman says that passengers were eventually placed on other flights where they were given those vouchers for future trips. what do you think about that story? lady liberty turning heads for all the wrong reasons. postal service is being sued over an image of the statue that appears on a forever stamp that was released in 2011. that stamp was supposed to feature an image of the real statue of liberty in new york. but instead, it featured an image of lady liberty replica on the las vegas strip. the sculpture in the vegas statue is suing the government for copyright infringement. those are your headlines.

i want to tell but a tweet on the delta airlines thing. one person said, for soldiers, for members of the military, we would absolutely let them take the plane. but for a basketball team, no way. wondering what more people think about that. >> did that happen just before thanksgiving? n this happened the sunday after thanksgiving. imagine how busy that is. people trying to get home, get back to work, their families, all of that. and then they get bumped for a team that lost, by the way. >> then that's the story. >> insult to injury. >> it could be an infringement. but i haven't seen the papers. someone has to pay if they're wrong. >> thanks. handfuls of holiday cheer tossed from a balcony at the mall of america. we've been telling you all about this. the man dumping the dollars was arrested. this morning he is here live to tell his side of it. and new, healthy school lunches leaving kids across the country hungry.

congresswoman kristi noem fighting to stop this food and taxpayer dollars from going to waste. she joins us next. stay with us. ♪ ♪ [ male announcer ] marie callender's knows all white meat chicken was made to be blanketed in golden breadcrumbs. with whipped mashed potatoes, topped with a thick homemade gravy. so she makes her country fried chicken to be eaten together. so they savor every last bite. marie callender's. so she makes her country fried chicken to be eaten together. waffle bars... fancy robes... seems every hotel has something to love... so join the loyalty program that lets you earn free nights in any of them. plus, for a limited time, members can win a free night every day. only at hotels.com

[ alarm sound for malfunctioning printer ] [ male announcer ] you've reached the age where you've learned a thing or two. [ metal clanks ] ♪ this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? [ gears whirring ] talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. [ cellphone beeps ] this is the age of taking action. viagra. talk to your doctor.

when it comes to the federal government's new limitations on school lunches, it's safe to say one size does not fit all. in fact, one student's protest went viral. ♪ i know that this is not all that you've got ♪ ♪ it just sucks ♪ maybe we could find a way >> we are hungry, surely did go viral. one congresswoman is fighting

back on behalf of those kids' plight. she's republican representative from south dakota, congresswoman kristy nome. welcome. >> hi. thanks for having me. >> south dakota was actually highest in terms of childhood obesity. i know there have been solutions put forward. what are the current regulations that are so bad and have all the kids up in arms about it? >> the kids really are upset about this. the problem is that when these laws went into place, it was voted on before i got to congress -- that the first people who complained about it were the kids. we all want our kids to eat healthier. but the limitations capped their calorie, protein, grains. made it very difficult for kids to get full. i've got some of the poorest kids in the country as well. and many times this is the only meal they're getting a day. they're leaving school hungry. that's just so tragic for the people who are responsible for feeding these kids at the local level. >> we have some of those to take a look at. the grains had to be whole grains as it stands right now.

all the milk has to be low fat. and there is a caloric requirement and it's set by age. to your point, some kids need more. it seems like a one size fits all plan. you suggest that instead of having it so overly regulated and stamped, that there be some flexibility. what would your bill propose? >> absolutely. i don't think that every child in this country is the same. the kids in south dakota are different than the kids in new york city and the athletes require a little bit different than younger kids do. i'm a mom and i've got kids that are in athletics and busy and so i just don't think that washington, d.c. bureaucrats should make those decisions. i think that the people that are closest to our kids that feed them every day, that take that responsibility very seriously the ones who should get to make these decisions. that's what my bill does. gives them flexibility. so many schools are struggling with the cost of the new laws and regulations. i want to give them a little bit of a chance to make some adjustment so their budgets aren't so out of whack. >> is it that the food isn't enough or the kids aren't choose

to go eat the food put in front of them? >> i think it's both. when you look at the fact that we're only allowing kids to have two ounces of meat at a meal, that's just not enough. two ounces of grains is not enough. the calorie requirements could work for some kids. if we allowed them the flexibility to put stuff on their plate every day that gave them energy, that kept them going throughout the day. some kids might require more. that's where can i think it's crazy that we allow washington, d.c. to make these decisions and don't allow the people that are standing there with those kids every day and really know what kind of needs that they have. this is typical washington, d.c. bureaucracy. that's why we have to fix it and that's why i brought this bill. i didn't just hear from kids. i heard from parents. i heard from administrators, school nutritionists. people that recognize this doesn't work. we want kids to be healthy and full as well. >> sure. moms alike sure feel the same way. thank you for joining us today and good luck with the bill proposal. >> thank you so much. have a great day.

>> take care. 'tis the season for giving, right? wrong. one guy arrested for tossing cash to holiday shoppers inside a mall. i don't think they were complaining. he's going to share his story next. plus, a mother causing a global outrage for posting this photo three days after giving birth. your comments are pouring in. we're going to share them all next. ♪ ♪ farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you?

thanks. what?

welcome back. it's time for quick headlines. california state lawmakers are starting this week with a 5.3% pay bump. the cash-strapped state already boasts the highest base pay for

lawmakers. california is currently $157 billion in debt and has some of the highest taxes in the nation. and veteran harlem representative charles rangel is at it again, seeking reelection to a 23rd congressional term in 2014. he narrowly won his race in 2012 despite being censured for ethics violations in 2010. steve? >> thank you. it's a story everybody has been talking about. a minnesota man making it snow by throwing $1,000 in singles off the balcony at the mall of america in the twin cities. he wanted to spread christmas cheer, but the cops didn't see it that way. they cited him for disorderly conduct and he joins us live this morning from minneapolis. good morning to you. >> good morning. >> why did you do it? >> well, it didn't snow on at that day and that morning i

thought hey, i better do this. it snowed here last night, so we're naful for that -- thankful for that. but i had a rough year and i wanted to finish off -- a lot of negative has happened this year for me and i wanted to finish it off with something positive. >> right. i read that you had just gone through a divorce recently. she took your cat. you were all alone. your business didn't work out. so you took your last $1,000. you got it in singles and you decided to, when they started singing "let it snow," you made it rain. >> yeah. i thought, what do i do with my last money? i saw the schedule, they're going to sing "let it snow" and then i saw the guy on the motorcycle with the money falling off of him and i thought, why don't i make it snow at the mall when the guys are singing? we'll happens.

>> and you did it and i'm sure the people down below caught the singles were happy. but there was one mall cop not happy. you taped it. here it is. >> you interrupted a performance taking place with tons of people around. you threw money around in the rotunda. so yeah, i am on the fence of arresting you for disorderly conduct. we're still looking into the matter. >> they did arrest you. they took you to one of the little rooms where they keep the shoplifters and what happened? >> well, actually i just wanted to sit down and catch my breath because so much commotion going on. after i caught my breath, they let me off with -- they called it a ticket to freedom and they said it's disorderly conduct and they said i'm banned from the

mall for a year. >> well, it looks like you can't make it rain when they sing "let it snow" again. would you do it again if you had another 1,000 bucks? >> oh, i would do it again. definitely. i've gained friends all over the world on my facebook overnight. i didn't realize it would be something like that. and people are saying, hey, make it rain in holland. we won't arrest you. we support you. people are saying, hello from australia. would you be my friend on facebook? way to go, way to go to bring holiday cheer. that was uncalled for for them to do that. people are enjoying this all over the world on-line. a little bit of seed money grew so much joy. >> it certainly did because you were trying to spread a little christmas cheer. didn't work out the way you

thought it would, but you got a whole bunch of new friends. thank you very much for spreading a little cheer and joining us today on "fox & friends." merry christmas to you. >> thank you. merry christmas. >> all right. very good. 28 minutes after the top of the hour. a cancer patient publicly criticized the president and obamacare when he lost his insurance. guess what? now he's being targeted by the irs. is that just a coincidence? we're going to report and you're going to decide as always. and he toured with jason aldean. now he's stopping by "fox & friends" to give us a lesson. you don't want to miss it what does that first spoonful taste like? ok. honey bunches of oats. ching! mmmm!

mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal. [ camera shutter clicks ] now, that's cardworthy. [ n ] all right. here we go. ♪ cardworthy. [ female announcer ] this holiday season, visit shutterfly.com for all your cardworthy moments. the #1 selling pain reliever, in one cold medicine. advil congestion relief. it delivers a one-two punch at pain and sinus pressure

with the power of advil and a nasal decongestant in a single pill. advil congestion relief.

♪ ♪ it's your shot of the morning. he's been dubbed the fainting squirrel for obvious reasons. this fellow can't seem to stay upright for more than a few seconds at a time. he's persistent. tippy doesn't let a few fainting spells stop him from trying to get back on his feet.

a message we could all use. that video going viral. >> maybe he's playing possum. >> wait. his tail isn't long enough. i just got a tweet from charles who said, take a look at this. the squirrel is drunk from eating mull berries. i work for a state park and i see that a lot. mullberrys make you drunk? >> i don't know. just squirrels or people, too? >> you have mullberry wine, elderberry wine. it's poisonous, too. >> we have two stories here. elisabeth's story is that it's a fainting squirrel and charles' story is that it's a drunk squirrel. >> it's a story showdown. >> shore showdown. i just likes he keeps trying. he do not give up. >> he does. >> six pack abs, though. >> that's another story coming up. >> i hear you laughing. >> she's giggling because she was doing some rapping. >> i was. i was doing a beat box. later on. got some headlines.

remember the cancer patient who came on fox to talk about his insurance cancellation under obamacare? then he finds out he's being audited by the irs. bill elliott, you can see him there, says he got the letter last week after his november 7th interview with our megyn kelly. he says he couldn't afford the new insurance, so he was going to just let nature take its course. we have some good news to bring you. his stage 4 cancer is now in full remission. and since the story went national, his insurance company decided not to cancel his coverage. a commercial banned from this year's super bowl because of the nfl's policy on advertisements featuring guns. look at this. >> my family's safety is my highest priority. and no one has the right to tell me how to defend my family. >> earlier in the show we talked to the man behind that ad, marty daniel. he's the ceo of daniel defense. >> we're trying to exercise our first amendment rights to give our opinion on the second

amendment and not being allowed to do so. >> according to the nfl's guidelines for advertisements, firearms, ammunitions or other weapons are prohibited. stores that sell it will be prime ministered provided they sell other products and the ads do not mention firearms, ammunition or other weapons. daniel says he hopes supporters of that ad will let the nfl know how they feel about it. questions this morning about martin bashir's sudden absence from msnbc. a network spokesperson reportedly confirming the host is on vacation. but other sources at msnbc say he's been temporarily suspended. this follows outrage over him not being disciplined for his vulgar remarks about sarah palin on air last month. he said among other things that i can't repeat, that she should be forced to endure slavery-like conditions. and it's post-pregnancy picture creating a firestorm on-line. peter and steve, they just can't pry themselves away from the

picture. a mom posting this three days after giving birth showing her flat tummy and her six pack abs. the fitness blogger says she was amazed how fast her body bounced back after gaining just 22 pounds during her pregnancy. she's 26 years old and she says she hasn't worked out since giving birth. we are getting a lot of e-mails and tweets on that one. what are people saying? >> i got an e-mail from my wife and she said she wondered how big the baby was. maybe the baby was a preemie. but then elisabeth, you had a terrific observation. >> typically you share a picture of the baby first. not the belly. but -- 'cause the belly comes first, but then the baby. look, credit to her, but the fact that she's not working out. she bounced back, i've never witnessed before. >> god bless her. >> some people say it's a scam, that that's not really her. we asked you to e-mail us. we've got a ton of stuff off the internet. >> anna said this, i don't have pictures, but after the birth of my son and then after the birth of my daughter, my abs looked

like the girl's picture this morning. i exercise every day. it's true. it can be done. so good support there. >> all right. linda said, i think it's awesome. there should be no outrage over people who take care of themselves. this is insane. >> and rick swift tweeted, my marine friend was fit and did a pft two weeks after she gave birth. so yes! it's doable. >> i know three days after i was doing planks to try to get some bounce back. three days? congratulations. good for her. >> meanwhile, we go out to the streets of new york city where there she is, maria molina joins us with a preview of the coming day weather wise. >> good morning and hello, everybody. if you're wake up across parts of the east, today you're going to be enjoying temperatures that really aren't too bad. we're going to be near what's typical for this time of year. if you live out west, things are going to be changing. we do have a storm system that's going to be moving into parts of

the rockies and it has already been producing snow out here. but we're talking about accumulations of over a foot of snow possible across western parts of colorado and also higher elevations of wyoming and more than six inches widespread across the northern plains. number one storm warnings are in effect and winters weather advisories, due to windy conditions that could produce whiteout conditions. please be safe. here is a look at the temperatures and how they'll be dropping. today in the teens across some areas in northern rockies. take a look at wednesday. single digits for billings, fargo. then by thursday, it gets a little colder. and then by friday, high temperatures, below 0 degrees out there. bundle up. it will be dangerously cold across parts of the rockies and also the upper midwest. now let's head back inside. >> all right. thank you very much. he is breaking ground as the first country dj and remixer to be signed to a major nashville story. historic. he toured with jason aldean.

his latest release is available on itunes now. dee jay silver joins us now. the whole remix of country is its own genre now. >> it's getting there. >> did you start with country? >> i started playing clubs in college and i've always played country. it swished out. i was the first dj with a record deal. i did a remix of "she's country" and saw me play not guilty vegas and -- playing in vegas. >> so cool. playing vegas as a dee j. i remember when i was working through college, i was a dj for a little while. but we used actual vinyl. >> i don't miss those days whatsoever. >> but you're busy. you are the dj for the tennessee titans? >> yes, sir. >> dierks bentley's place? >> and it helped change the music culture in america. my daughters listen to dj music.

>> new rock stars. >> since it's so big, can you show us thousand do it? >> i think you need to wear these wigs. >> are you wearing a wig? >> sure. >> this is a birth defect, but this is all i got for you. >> i have one on already. >> they match your glasses. they look good. >> okay. >> you got to start it. this is basically an instrument i made for this track. this is dolly parton we're hearing and carrie underwood? >> yep. you got it. >> i feel like i need a head phone on. >> when do you leave on tour? >> elisabeth -- one hair sticking out. >> this is my natural color.

>> do you ever go for the original? >> if i wanted this at home, how much would this be? >> seven grand, eight grand. >> is that popping, scratching? what's that called? >> she's scratching. >> okay. >> you show us the professional way. we're going to go out. america is going to see how a pro does this. >> i'm offended. >> on the way you can see dee jay silver perform at the country music awards on december 10 on fox. we will be watching at home wearing our wigs. >> up next, a big labor battle putting one of the richest cities on the edge of a financial cliff. wait until you hear what the mayor is doing about it. he joins us next. ♪

♪ there's only two of us... how much dirt can we manufacture? more than you think. very little. [ doorbell rings ] what's this? what's that? swiffer sweeper. [ lee ] i came in under the assumption that it was clean. i've been living in a fool's paradise! [ lee ] i came in under the assumption that it was clean. peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians.

the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death.

this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

quick headlines for you. drinking water from plastic bottles could be giving awe serious headache. the bpa found in packaging may trigger migraines. it's been linked to other health problems. and before he became pope francis, he was a bouncer at a buenos aires nightclub. the pope revealing his past job while visiting parishioners. he said he was just trying to support himself. peter? >> san jose is fighting to keep its head above water thanks to skyrocketing pension costs and despite reform legislation passed by 70% of voters, the

unions have taken the city to court. the city's mayor says the retirement costs are unsustainable, but he says he has a solution that would help the entire state. joining us is san jose's mayor, chuck reed. good morning, mayor. how are you? >> good morning. i'm doing great. >> i understand san jose is drowning in pensions. let's take a look at this. the city shed 25% of its work force in the last decade and pension costs have soared to 245 million from 71 million. it's tripled. what do you suggest? what have you done to stem this tide and what do you say other cities in california can be doing? >> our voters approved a ballot measure reducing the pension costs a bit, given us a reprieve, short-term step. what we need to do in the long-term is we need the ability, along with every other city in california, needs the ability to negotiate changes to

future benefits or future years of service for current employees. that's where the big costs are. that's where the big cost savings can come from. but to do that, we need to change the california constitution. so i proposed, along with some other mayors, constitutional amendment through initiative process. we're in the middle of getting title on summary from the state. it's a big undertaking. but it's absolutely essential to allow cities around the state and other counties and other jurisdictions to deal with these skyrocketing cost which is are just devastating services in cities across the state. >> what party are you affiliated with, mayor? >> i've been a democrat all my life. >> are democrats rallying behind this? is the governor rallying behind this? where are the other democrats on this issue, especially when i understand the average police officer in san jose makes how much a year? >> the average cost for a police officer or firefighter in san

jose is nearly $200,000. a great deal of that is spent on retirement benefits. so the average salary, top step salary is around $100,000. we're paying nearly as much for benefits as we are for base salary. and of course, those benefits are continuing to go up. they will go up this year and they're going to go up next year and our act uaries say they'll go up for another decade. >> we understand -- i was reading this to our friends at home, california lawmakers are going to get a more than 5% raise in your state. is there a disconnect in the state of california between the financial realities and what people think they can get away with? >> i think the disconnect is between the current status where people can get raises while we ignore really huge unfunded liabilities at the state level, for example, our california teachers retirement system, the

state of california shorts that system by at least $4 billion every year and that's contributing to the bottom line of the state. but it's taking money away from our teachers. one of the things we need to do is to fix that. not just teachers, but all pension plans around the state need to be fully funded. we want to make sure our employees get paid what they've earned and we also want to provide services to our residents and taxpayers. >> mayor reed, i think you're summing it up well. we've got to go out the door now because of time constraint. we thank you for bringing light to this kind of courageous and far-sighted approach. keep us up to date, would you please, as it goes forward? >> i will. thank you. >> be well. 11 months out of the year, their mission is serve and protect our freedom. this month it's all about helping the kids. how you, too, can join marines to help toys for tots. but first, let's check in with my friend bill hemmer. good morning. >> peter, nice to see you.

>> think you're covered under obamacare? think again. we'll explain the fix on that. and the herman cain and how republicans should respond on this. guess what iran wants? they want more nuclear reactors. john bolton reacts on that and how a shark killed a man in a kayak. martha and i will see you on all that and a lot more in 11u u minutes on this tuesday prego alfredo?! [ thinking ] why can't all new things be this great? ha ha! whoa! [ monkey squeals ] [ sighs ] [ male announcer ] choose taste. choose prego. with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothing works faster. new fast acting advil. look for it in the white box. that's the sound of car insunce companies these days. here a cheap, there a cheap. everywhere a cheap... you get it. so what if instead ofjust a cheachoice,

you could make a smart choice? like esurance for example they were born online and built to save people money from the beginning. that's what they've always ne. not just somhing they...cheep about. that's insurance for the modern world. esurance. now backed by allstate. click or call.

♪ ♪ you could say it is the u.s. marine corps' merriest mission, collecting and distributing millions of toys to little kids all across the globe. retired lieutenant general pete osman is the ceo of the marine corps' for toys for tots and he joins us with two marines.

we're joined by sergeant casey pitcock and sergeant sean lavek. good morning. thank you for joining us. >> good morning. >> love toys for tots. i love the mission and every year you meet the quota. everyone donates and gets involved. >> we've been very, very fortunate during these tough economic times to be able to continue to get the support that we get from corporate sponsors, but most importantly, from the american public. >> sure. >> how can the american public help here? how do they help? what do they do? >> lots of ways. the most important way is to go out, buy that toy, drop it at one of our barrels and that's what makes a child's christmas. they can also go to our web site, which is toysfortots.org make an on-line donation. and even more important, they can go to our web site, click in their state and county and volunteer their services to these marines 'cause we need the volunteers as well. >> absolutely. you can also like -- there is a

initiative on-line? >> we have a wonderful working agreement with build a bear and 6th through the 8th, they're having a toys for tots workshop. folks can build a bear that will go to a less fortunate child. >> sergeant, how much do you love this time of year? >> this is my favorite time of year, being out here and getting to give back to the community that gives so much to us. it's a great season. >> sergeant lavek? >> great time and awesome time seeing the people of new york city out here going out, fill up a box of toys and the toys being dropped off and given to the children. >> it's the coldest time of the year action but kindness warms you up, doesn't it? >> absolutely. >> really is. gets everybody into the spirit. and the fact that you can do it from home right electric your computer, right from your phone -- >> we can use your ipad! >> thank you all for your service in so many ways. especially this christmas season. >> unending service. thank you very much. a real pleasure.

>> merry christmas, folks. >> we'll be right back. >> moments away ♪

[ camera shutter clicks ] now, that's cardworthy. [ n ] all right. here we go. ♪ cardworthy. [ female announcer ] this holiday season, visit shutterfly.com for all your cardworthy moments.

[ female announcer ] this holiday season,

so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer rvice, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. before we leave, if people would like to help donate, go on-line, the web site is? >> toysfortots.org. >> that's easy to remember. >> adoreable. >> we have hf agent speaking out in the fast and furious scandal.

he's here live. and are you normal or nuts? dr. keith answering that. country superstar craig morgan is here to perform live. >> peter johnson, jr., thank you very much. see you tomorrow. >> thank you so much. have a great day! bill: good morning, everybody. there is a report up to a third of those who signed up through obamacare may think they have insurance and they actually do not. good morning, we'll explaining this now. i'm bill hemmer in america's newsroom. martha: that's a little scary. i'm martha maccallum. the president set out for an allout p.r. blitz. they are going to try to dominate the waves and stop the pleading from the rollout. this comes from the "washington post" saying errors generated